Lapas attēli
PDF
ePub

[North German Constitution.]

of the Confederation is to be laid before the Federal Council and the Diet by the Presidency yearly for the discharge of responsibility.

ART. LXXIII. In cases of extraordinary need a Loan may be contracted by way of Federal Legislation, or a guarantee may be undertaken at the charge of the Confederation.

SECTION XIII.-Accommodation of Disputes, and Penal Regulations.

ART. LXXIV. Every undertaking against the existence, the Integrity, the Security, or the Constitution of the North German Confederation, finally, any offence against the Federal Council, the Diet, a Member of the Federal Council or the Diet, an Authority or a Public Functionary of the Confederation, whilst in the exercise of their functions, or in reference to their functions, by word, writing, printing, signs, figurative or other representation, are to be judged and punished in the Separate Federal States according to the Laws now existing therein or hereafter coming into operation, by which a similar action against the Separate Federal State, its Constitution, its Chambers or Estates, or its Members thereof, its Authorities and Functionaries would be judged.

ART. LXXV. For those undertakings against the North German Confederation described in Article LXXIV, which would be characterized as High Treason or State Treason if directed against a Separate Federal State, the Supreme Court of Appeal at Lubeck, common to the three Free and Hanse Towns, is the competent deciding authority in first and last instance.

The detailed Regulations as to the competency and the procedure of the Supreme Court of Appeal will be settled in the way of Federal Legislation. Until the passing of a Federal Law the competency, as hitherto existing, of the Courts in the Separate Federal States and the Regulations relating to the procedure therein, will continue applicable.

ART. LXXVI. Disputes between different Federal States, if not concerning private rights, and as such to be decided by the competent judicial authorities, are to be settled by the Federal Council on the appeal of one of the parties.

Constitutional disputes in those Federal States whose Constitution does not appoint an authority for the decision of such

[North German Constitution.]

disputes, are to be amicably arranged by the Federal Council on the application of one of the parties, or if that cannot be done they are to be settled in the way of Federal Legislation.

ART. LXXVII. If a case of denial of justice should occur in a Federal State, and sufficient relief cannot be obtained by way of Law, it belongs to the Federal Council to receive the complaints as to the refused or obstructed administration of justice when proved according to the Constitution and the existing Laws of the Federal State concerned, and to afford the legal redress therein in regard to the Federal Government which has given cause for the complaint.

SECTION XIV.-General Provision.

ART. LXXVIII. Alterations of the Constitution take place by way of legislation, but a majority of two-thirds of the Votes represented in the Federal Council is necessary thereto.

SECTION XV.-Relations with the South German States.

ART. LXXIX. The relations of the Confederation with the South German States will be regulated immediately after the settlement of the Constitution of the North German Confederation by special Treaties to be laid before the Diet for approval.

The entry of the South German States, or any of them, into the Confederation, takes place on the proposal of the Presidency of the Confederation in the way of Federal Legislation.*

* On the 15th November, 1870, a Protocol was signed between the North German Confederation, Baden, and Hesse-Darmstadt, relative to the establishment of a German Confederation; and on the 23rd November, 1870, a Treaty on the same subject was signed between the North German Confederation and Bavaria. On the 25th November, 1870, Wurtemberg acceded to the Constitution of the North German Constitution, and concluded a Military Convention with Prussia on the same day. See also Constitution of German Empire of 16th April, 1871.

[Waldeck-Pyrmont.]

No. 408.-TREATY between Prussia and Waldeck-Pyrmont, relative to the Transfer of the Administration of the Principalities of Waldeck and Pyrmont to Prussia. Signed at Berlin, 18th July, 1867.

[blocks in formation]

1. Internal Administration of the Principalities by Prussia, except the Princely Consistory, &c.

2. Administration to be in the name of the Prince.

3. Prussia to receive the Revenues, and defray Expenses.

4. Executive Powers to be exercised by Prussia. Rights reserved to the Prince.

5. Appointment of a Governor by the King.

6. Judicial and Administrative Authorities to be organised by Prussia.

7. State Servants to be Prussian Subjects. Maintenance of Constitution. 8. Public Servants of Principalities to be employed in Prussia, or pen

sioned.

9. Representation of the Country Abroad by the Prince.

10. Administration of Domanial Property.

11. Duration of Treaty.

12. Ratifications.

(Translation.)

His Majesty the King of Prussia and His Serene Highness the Prince of Waldeck and Pyrmont, animated by the wish of facilitating the entry of the Principalities of Waldeck and Pyrmont into the North German Confederation, have determined upon concluding a Treaty for that purpose, and accordingly have granted Full Powers, His Majesty the King of Prussia to Bernhard König, his Privy Councillor of Legation, and His Serene Highness the Prince of Waldeck and Pyrmont to his Privy Councillor Charles William v. Stockhausen, and Lewis Klapp, who, after the exchange of their Full Powers, which were found correct and regular, have agreed upon the following Articles:

Internal Administration of the Principalities by Prussia, except the Princely Consistory, &c.

ART. I. Prussia undertakes the Internal Administration of the Principalities of Waldeck and Pyrmont, exclusive only of the Administration which appertains to the Princely Consistory in its quality of Supreme Ecclesiastical Authority, and also of the ad

[Waldeck-Pyrmont.]

ministration of the charitable foundation of Schaaken, which are therefore reserved to His Serene Highness the Prince.

Administration to be in the Name of the Prince.

ART. II. The Administration will be carried on in the name of His Serene Highness the Prince, in accordance with the Constitution and Laws of the Principalities.

Prussia to receive the Revenues and defray Expenses.

ART. III. Prussia will receive the whole of the Revenues of the Principalities, and will defray all Expenses, excepting the Expenses of the Consistory in its quality of Supreme Ecclesiastical Authority.

Executive Powers to be exercised by Prussia. Rights reserved to the Prince.

ART. IV. His Majesty the King of Prussia will exercise the whole of the Executive Powers as regards the Internal Administration of the Principalities which belong constitutionally to His Serene Highness the Prince. The latter, however, retains the right of pardon as limited by the Constitution and the Laws, and also the right of assent to alterations in the Constitution and the Laws in so far as they do not interfere with the organisation of the Judicial and Administrative Authorities (Article VI).

Appointment of a Governor by the King.

ART. V. A Governor (Landes Director) to be appointed by His Majesty the King, will be placed at the head of the Administration of the Principalities, and he will undertake the Constitutional responsibility of the Government of the Country.

Judicial and Administrative Authorities to be organised by Prussia.

ART. VI. Prussia is empowered to organise the Judicial and Administrative Authorities differently according to her own judgment. The powers of the Authorities of higher instance may transferred to Prussian Authorities.

State Servants to be Prussian Subjects. Maintenance of

Constitution.

be

ART. VII. All the State Servants will be appointed by Prussia; they are to be Prussian subjects, and must take the Oath of

[Waldeck-Pyrmont.]

Allegiance to His Majesty the King. They, including the Governor, must conscientiously observe the Constitution of the Principality which they must expressly promise to maintain. The Governor, on taking the Oath, will have to swear to be faithful and obedient to His Serene Highness the Prince with regard to the Rights reserved to the latter by Articles IV and IX of this Treaty.

Public Servants of Principalities to be employed in Prussia, or

Pensioned.

ART. VIII. The Public Servants of the Principalities at present in office, in so far as their services are no longer necessary in the Principalities in consequence of the new organisation, or in so far as they are not employed in the administration of the Princely Domains (Article X), shall be employed in Prussia, retaining their ranks and incomes, and account being taken of the length of their services. Those who do not choose or who cannot be employed in this manner will be Pensioned in accordance with the State Service Law of Waldeck, or put on half-pay. In appointing and pensioning these Public Servants, Prussia will take existing circumstances into account as much as possible.

Representation of the Country Abroad by the Prince.

ART. IX. The Representation of the Country Abroad still retained by the Prince, will be exercised by him through and under the responsibility of the Governor. The expenses will be paid, as formerly, out of the Treasury of the Country.

Administration of Domanial Property.

ART. X. The Administration of the Domanial Property described in the Compact of 16th July, 1853, &c., will not be affected by the present Treaty, and remains in the hands of His Serene Highness the Prince. No contribution is to be made from the Domains for the expenses of the State on the one hand, nor, on the other, can there be a joint use of the State appointments by the administration of the Domains.

Duration of Treaty.

ART. XI. The present Agreement will come into operation from 1st January, 1868, for a period of 10 years, and on the expiration of that period it will be considered as prolonged for 10

« iepriekšējāTurpināt »